Justice Mashkur Salisu of the Federal High Court in Osogbo has granted Osun State lawmaker Hon. Kanmi Ajibola the leave to sue the National Assembly and the 36 Houses of Assemblies over their refusal to amend laws relating to corrupt practices in Nigeria.
Ajibola, a former Chairman of the Nigeria Bar Association (NBA) Ilesa branch, representing Oriade Constituency, also joined the Attorney-General of the Federation and his counterparts in the 36 states in the suit.
In his ruling, Justice Salisu granted all the leaves sought by Ajibola after hearing arguments from his counsel, Bar. Salihu Aliyu, regarding the plaintiff’s locus standi and the court’s jurisdiction to hear the matter.
One of the leaves granted was an order of mandamus compelling the respondents to perform their statutory duty of lawmaking by initiating amendments to the nation’s anti-corruption laws to incorporate capital punishment for public officials who embezzle public funds.
Ajibola argued that the 1999 Constitution, the Money Laundering Act, the Corrupt Practices and Other Related Offences Act, the Economic and Financial Crimes Commission Act, and the Criminal and Penal Codes should be amended to include the death penalty for corrupt officials.
He further requested the amendment of Sections 174 (1)(c) and 211 (1)(c) of the Constitution to remove the powers of the Attorney-General of the Federation and the Attorney-General of a State to discontinue, at any stage before judgment, proceedings instituted against any public official standing trial on charges of swindling public funds.
The lawmaker also asked that the National Assembly initiate amendments to Section 270 of the Administration of Criminal Justice Act, and Gazette No. 254, Vol. 110 dated the 4th day of October 2023, and other related laws, to deprive public officials standing trial on charges of swindling public funds from the benefits of plea bargaining.
Ajibola had initially written to Senate President Godwin Akpabio and Speaker of the House of Representatives Tajudeen Abass, giving them 30 days to commence the amendment of the 1999 Constitution and other extant laws to include the death penalty for corrupt public officials.
Following the expiration of the deadline, Ajibola approached the court with an application for an order of mandamus, attached with a 56-paragraph affidavit, filed ex parte in pursuance of Order 34 Rule 1 of the Federal High Court and Sections 6 (6) (B), 251 (I) (P) of the 1999 Constitution.
Justice Salisu ordered that the defendants be served for the commencement of the matter.